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STATE EX REL. JUV. DEPT. v. NGUYEN

1999-821161 and 1999-821162; A115763

48 P.3d 864 (2002)

182 Or.App. 294

In the Matter of Mary Nguyen and Martha Nguyen, Minor Children. STATE EX REL. JUVENILE DEPARTMENT OF MULTNOMAH COUNTY; Mary Nguyen; and Martha Nguyen, Appellants, v. Thanh-Hoa Thi NGUYEN, aka Thanh Nguyen; and Cao Thai Nguyen, aka Cao Nguyen, Respondents, and Peggy Sperr, Court Appointed Special Advocate, Respondent.

Court of Appeals of Oregon.

Decided June 26, 2002.

Attorney(s) appearing for the Case

Michael Livingston, Assistant Attorney General, argued the cause for appellant State ex rel. Juvenile Department of Multnomah County. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Kathryn Underhill, Washington, D.C. and Juvenile Rights Project, Inc., Portland, filed the brief for appellants Mary Nguyen and Martha Nguyen.

Emily S. Cohen, Portland, argued the cause and filed the brief for respondent Thanh-Hoa Thi Nguyen.

Laurie Bender, Portland, argued the cause and filed the brief for respondent Cao Thai Nguyen.

James N. Westwood and Stoel Rives, LLP, Portland, joined in the briefs of Juvenile Department, and Mary Nguyen and Martha Nguyen for respondent Peggy Sperr.

Before ARMSTRONG, Presiding Judge, and KISTLER and BREWER, Judges.

KISTLER, J.

The trial court dismissed the state's petition to terminate mother and father's parental rights. The state appeals. On de novo review, we reverse.

On September 30, 1999, father took his four-month-old daughter Martha to a regularly scheduled well-baby examination. In the course of the examination, father mentioned some tenderness in the baby's arm and told the physician about "a history of arm swelling and lower leg swelling." Because

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